University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name "People of the U.S. and State of California" v. Trump IM-CA-0086
Docket / Court 3:17-cv-00451 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Case Summary
On January 28, 2017, a lawyer named Andrew W. Shalaby filed this action in the U.S. District Court for the Northern District of California. Proceeding under California "Private Attorney General" statutes, the action purported to be by the "People of the United States of America and the State of ... read more >
On January 28, 2017, a lawyer named Andrew W. Shalaby filed this action in the U.S. District Court for the Northern District of California. Proceeding under California "Private Attorney General" statutes, the action purported to be by the "People of the United States of America and the State of California," "for the protection of all persons in the United States in their civil rights and for their vindication pursuant to 42 U.S.C. § 1988." The lawsuit challenged President Trump’s January 27, 2017 Executive Order (EO) banning nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States. The complaint contended that the EO violated the separation of powers doctrine without statutory exception and that it violated the First Amendment Establishment Clause. The complaint additionally alleged that section 217(a)(12) of the INA, referenced by the EO, "does not appear to exist." The case was filed as a civil complaint and sought an immediate injunction of the EO "until its validity and constitutionality is adjudicated."

On Jan. 30, the case was assigned to Hon. James Donato.

Several procedural updates occurred next. On Jan. 31, the plaintiff moved for leave to proceed in forma pauperis. On Feb. 1, Judge Donato dismissed the complaint for failing to establish that the court has subject matter jurisdiction over the case and subsequently denied the IFP as moot. Judge Donato's order gave the plaintiffs an opportunity to amend the complaint by Feb. 15. On Feb. 4, the plaintiffs filed an ex parte motion for reconsideration, which the court denied on Feb. 6. On Feb. 13, the plaintiffs filed a motion to extend the deadline for reconsideration until Mar. 10 in order to file an amended complaint in the event that President Trump re-drafts the EO. Judge Donato granted this motion on Feb. 14, noting that no further extensions would be granted and reminding the filing attorney that any amended complaint must conform to the Court's dismissal order.

The plaintiffs filed statements of support for the repeal and recession of the EO from seven of in the individuals represented in the lawsuit on Feb. 19.

On Mar. 6, 2017, the President rescinded the Jan. 27 EO and replaced it with a narrower one, Executive Order 13780.

The plaintiffs responded on Mar. 10 with an amended complaint. In it, the plaintiffs noted that President Trump did a "commendable job" in revising the EO; they narrowed their challenge to just section 3 of the revised order.

On Apr. 4 defendants filed a motion to dismiss. On May 1, the court concluded that defendant's motion to dismiss could be decided without oral arguments and vacated a hearing that had been sent for May 11. The court will issue a decision regarding defendant's motion at a later date.

The case is ongoing.

Julie Aust - 02/18/2017
Jamie Kessler - 05/01/2017
Virginia Weeks - 04/24/2017


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Establishment Clause
Discrimination-basis
Religion discrimination
General
Religious programs / policies
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Status/Classification
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Bivens
Ex parte Young (federal or state officials)
Defendant(s) United States
Plaintiff Description Attorney Andrew Shelby filing on behalf of "the people of the United States of America"
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
click to show/hide detail
  Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
White House
Date: Oct. 24, 2017
By: United States (United States)
[ Detail ] [ External Link ]

  Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
www.whitehouse.gov
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ External Link ]

  Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Reuters
Date: Jun. 28, 2017
By: U.S. Department of State
[ Detail ] [ PDF ] [ External Link ]

  Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence
The White House
Date: Jun. 14, 2017
By: Donald Trump (White House)
[ Detail ] [ External Link ]

  Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Date: Mar. 6, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

  Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
The White House
Date: Feb. 1, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

  Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
Date: 1/30/2017
By: Acting Attorney General Sally Yates (Department of Justice)
[ Detail ] [ PDF ] [ External Link ]

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Date: 1/29/2017
By: DHS Secretary John Kelly (Department of Homeland Security)
Citation: https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-states
[ Detail ] [ PDF ] [ External Link ]

  OLC Memo Re: Proposed Executive Order Entitled "Protecting the Nation from Foreign Terrorist Entry into the United States"
Date: Jan. 27, 2017
By: Curtis Gannon (U.S. Department of Justice, Office of Legal Counsel)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
3:17-cv-451 (N.D. Cal.)
IM-CA-0086-9000.pdf | Detail
Date: 05/01/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunction and Repeal of Presidential Executive Order Dated January 27, 2017 Suspending Visas and Immigration Benefits Without Congressional Approval [ECF# 1]
IM-CA-0086-0001.pdf | Detail
Date: 01/28/2017
Source: PACER [Public Access to Court Electronic Records]
Order Dismissing Complaint [ECF# 11] (N.D. Cal.)
IM-CA-0086-0002.pdf | Detail
Date: 02/01/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Injunction and Repeal of Unconstitutional Segments of the Presidential Executive Order Dated March 6, 2017 Suspending Entry of Target Persons into the United States [ECF# 21]
IM-CA-0086-0004.pdf | Detail
Date: 03/10/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Motion and Motion to Dismiss and Memorandum in Support [ECF# 12]
IM-CA-0086-0005.pdf | Detail
Date: 04/03/2017
Source: PACER [Public Access to Court Electronic Records]
Opposition to Motion to Dismiss [ECF# 26]
IM-CA-0086-0007.pdf | Detail
Date: 04/17/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Reply in Support of Motion to Dismiss [ECF# 27]
IM-CA-0086-0008.pdf | Detail
Date: 04/24/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Donato, James (N.D. Cal.)
IM-CA-0086-0002 | IM-CA-0086-9000
Plaintiff's Lawyers Shalaby, Andrew W. (California)
IM-CA-0086-0001 | IM-CA-0086-0004 | IM-CA-0086-0007 | IM-CA-0086-9000
Defendant's Lawyers Readler, Chad A. (District of Columbia)
IM-CA-0086-0005 | IM-CA-0086-0008
Robinson, Stuart Justin (California)
IM-CA-0086-0005 | IM-CA-0086-0008 | IM-CA-0086-9000
Tyler, John Russell (District of Columbia)
IM-CA-0086-0005 | IM-CA-0086-0008

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -